An angry customer of a luxury car rental service posted comments on an internet message board alleging that the service defrauded him out of payments it owed him for the rental of his Lamborghini. The customer posted several times over a period of years, and then went quiet. Four years later, the customer marked a post that he made in 2011 “updated” without including any new content. The owner of the car rental service then sued, arguing that the postings constituted libel, breach of contract, and infliction of emotional distress. The district court dismissed the action. The appellate panel affirmed, finding that the action was untimely and that the act of marking a post as “updated” without actually altering or adding to its content was not sufficient to treat the post as a new publication and reset the statute of limitations.
George Kiebala owns a luxury car share service called Curvy Road Holdings LLC. Curvy Road allows customers to purchase time-ownership rights to high-end automobiles that are owned by “investors.” In September 2009, Derek Boris became a Curvy Road “investor” and received a share of the rental revenue when customers drove his Lamborghini Gallardo. Kiebala made payments to Boris in late 2009 and March 2010.
In May 2010, however, Boris withdrew his car from the program, and Kiebala’s check for his final payment to Boris did not clear. Kiebala emailed Boris in July and August to explain that various medical and business difficulties were preventing payment. Boris never received his final payment, and communications between the two seemed to come to an end.
After a period of quiet, Boris posted angry and derogatory statements on various websites about Kiebala and Curvy Road. He did this on eight occasions from December 2010 through July 2011. Boris then when dormant for a few years, but resumed his postings regarding Kiebala and Curvy Road in the summer of 2015. The following year, Kiebala, representing himself, sued Boris alleging libel, intentional infliction of emotional distress, breach of a non-disclosure agreement, breach of contract, and tortious interference with business expectancy. Boris moved to dismiss, and the district court granted the motion on all counts. Kiebala then appealed. Continue reading ›